A person's education background can play a pivotal role in certain employment-based immigration processes, such as when filing a PERM labor certification case or an H1B nonimmigrant petition. If the person being sponsored has a foreign degree, it typically is necessary to demonstrate that the...
Certain employment-based immigration processes, such as the PERM labor certification and H1B nonimmigrant visa classification, require an employer to obtain a prevailing wage determination from the U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC). In all applicable immigration processes, the prevailing wage...
Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in...
Most family-based immigrant visa cases require the petitioner to serve also as a financial sponsor for the intending immigrant. To qualify as a sponsor, a petitioner must complete an affidavit of support (form I-864) demonstrating that the sponsor has sufficient means to ensure that the...
When a PERM labor certification case is filed, the employer must state the minimum education and/or experience requirements for the sponsored position. If the employer requires a higher level of education and/or experience than what the U.S. Department of Labor (DOL) considers normal for the...
A foreign national seeking to become a lawful permanent resident of the United States (i.e., a "green card holder") typically should be familiar with the concept of a priority date. For all employment-based (EB) preference categories, a foreign national's priority date is critical, as it...
To apply for status as a lawful permanent resident ("LPR") in an employment-based category, a foreign national typically must be sponsored by a U.S. employer. One exception to this, however, is the national interest waiver (NIW), which falls under the employment-based, second preference (EB2) category....
The PERM labor certification process can be lengthy for employers and employees. During the wait, a company pursuing a labor certification for a prospective employee may be acquired, merge, change corporate structure, or change ownership. In such an event, the new entity may be able...
In each permanent resident (“green card”) case, one must decide whether to request consular processing (CP) or adjustment of status (AOS). There are two possibilities for this last step in the green card process: adjustment of status within the United States or processing for an...
The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...
